PISTOL LICENSE INFORMATION HANDBOOK

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1 PISTOL LICENSE INFORMATION HANDBOOK PDCS-4000o POLICE DEPARTMENT COUNTY OF SUFFOLK, NEW YORK ACCREDITED LAW ENFORCEMENT AGENCY

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3 PISTOL LICENSE INFORMATION HANDBOOK September 2016 Pistol Licensing Bureau Suffolk County Police Department 30 Yaphank Avenue Yaphank, New York Monday - Friday 9:00 AM to 4:30 PM TEL (631) FAX (631) Web Page:

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5 TABLE OF CONTENTS CHAPTER 1 CHAPTER 2 CHAPTER 3 Introduction Terms and Definitions Page Defense of Justification Use of Physical Force in Defense of a Person... 1 Use of Physical Force in Defense of Premises and in Defense of a Person in the Course of a Burglary... 2 Use of Physical Force to Prevent or Terminate Larceny or Criminal Mischief... 3 Use of Physical Force in Making an Arrest or in Preventing an Escape... 3 Warning: Defense of Justification... 4 Pistol License Applicant Requirements... 5 Types of Pistol Licenses... 6 License Renewal Lost, Stolen or Mutilated License How to Cancel a Pistol License Licensing Fees Firearms Purchasing Firearms Transaction between Immediate Family Members Purchasing Ammunition Brady Handgun Violence Prevention Act Registering a Deceased s Firearms Reporting Lost or Stolen Firearms Selling or Disposing of Firearms i

6 Consignment Antique Firearms Assault Weapons Large Capacity Ammunition Feeding Devices CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Dealer, Range and Gun Show Information Dealer License Form Dealer License/Sign Exhibition and Display Dealer Gun Rentals at Ranges Gun Show or Event Administrative Procedures Name Change Address Change Business Name Change Duties and Responsibilities of a License Holder Incidents that Require Police Reports Incidents that Require Notification to the Pistol Licensing Bureau Grounds for License Suspension and/or Revocation Miscellaneous Information Safety Training Office Staff Availability Currency Notary Public Records Exemption CHAPTER 8 Questions and Answers APPENDIX A Reasons for License Disapproval ii

7 APPENDIX B Business License Application Requirements APPENDIX C Business License Renewal Requirements APPENDIX D Security License Application Requirements APPENDIX E Security License Renewal Requirements APPENDIX F Employment License Application Requirements APPENDIX G Employment License Renewal Requirements APPENDIX H Self-Protection License Requirements iii

8 INTRODUCTION This handbook has been prepared as a guide for pistol license holders. It provides information pertaining to the laws, rules, procedures, and regulations governing pistol licensing as well as duties and responsibilities of a licensee. It is your responsibility to read and know the contents of this booklet. Be aware, however, this booklet is not all-inclusive. Also be aware that since rules, regulations and laws will inevitably be modified, created or repealed after the printing of this booklet, it will be your responsibility to keep up to date on those changes. The most up to date version of the Pistol License Information Handbook can be found at: Also available on the SCPD Website is the most up to date version of the New York State Dealer in Firearms and Gunsmith s Handbook. This booklet is a guide to the laws, rules, regulations and procedures governing gun dealers and gunsmiths. The Pistol Licensing Bureau is located in the John L. Barry Police Headquarters building at 30 Yaphank Ave. in Yaphank, NY. For answers to questions concerning pistol licensing, you may contact a bureau representative at the following number: (631) Answers to many questions can be found on the Suffolk County Police website. Many of the required forms and answers to frequently asked questions can also be obtained via the website. If you are calling in response to a letter mailed to you by this office, you should use the telephone number provided within the correspondence. Section 400 of the New York State Penal Law mandates certain administrative procedures concerning the issuance, renewal, filing, cancellation and revocation of licenses. Over the years, the Courts have made rulings and interpretations that have had an impact on how the law is currently interpreted. iv

9 New York State currently has 59 pistol licensing jurisdictions. Suffolk County is unique because it is the only county in the state that has two (2) separate licensing jurisdictions. The Suffolk County Police Commissioner is the Licensing Officer of the five (5) western towns; Babylon, Islip, Huntington, Smithtown and Brookhaven. The County Sheriff is the Licensing Officer for the remaining towns on the east end of Suffolk County. v

10 TERMS AND DEFINITIONS 1) ANTIQUE FIREARM: Any unloaded muzzle-loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade. 2) ARMOR PIERCING AMMUNITION: Any ammunition capable of being used in pistols or revolvers containing a projectile or projectile core, or a projectile or projectile core for use in such ammunition, that is constructed entirely (excluding the presence of traces of other substances) from one or a combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium, copper, or uranium. 3) ASSAULT WEAPON: A semiautomatic rifle, able to accept a detachable magazine having at least one of the following characteristics: a. Folding or Telescoping Stock b. Protruding Pistol Grip c. Thumbhole Stock d. Second Handgrip or Protruding Grip that can be held by non-shooting hand e. Bayonet Mount f. Flash Suppressor g. Muzzle Brake h. Muzzle Compensator i. A threaded barrel designed to accommodate the above j. Grenade Launcher A semiautomatic shotgun having at least one of the following characteristics: a. Folding or Telescoping Stock vi

11 b. Thumbhole Stock c. Second Handgrip or Protruding Grip that can be held by non-trigger hand d. Fixed magazine capacity in excess of seven rounds e. An ability to accept a detachable magazine A semiautomatic pistol, able to accept a detachable magazine having at least one of the following characteristics: a. Folding or Telescoping Stock b. Thumbhole Stock c. Second Handgrip or Protruding Grip that can be held by non-trigger hand d. Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned g. A manufactured weight of fifty ounces or more when the pistol is unloaded *For full definition, see NYS PL (22) 4) BLACK POWDER FIREARM: Any unloaded pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system. 5) BUILDING: In addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein or any enclosed motor truck, or an enclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a vii

12 separate building in itself and a part of the main building. 6) CERTIFIED NOT SUITABLE TO POSSESS A RIFLE OR SHOTGUN: Means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the Superintendent of State Police or to any organized police department of a county, city, town or village of this state, that a person who has been judicially adjudicated incompetent, or who has been confined to such institution for mental illness pursuant to judicial authority, is not suitable to possess a rifle or shotgun. 7) COMMERCIALLY ZONED: A location that is zoned by the town or incorporated village as commercial, and is principally occupied by buildings used for, but not limited to, business, industrial and storage purposes. 8) CONSIGNMENT: For our purposes, it would entail the sale of a handgun to a dealer in firearms. The handgun may then be displayed for sale to another person authorized to possess same. 9) CURIO OR RELIC FEEDING DEVICE: A device that: (a) was manufactured at least fifty years prior to the current date, (b) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, (c) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and (d) is registered with the division of state police pursuant to subdivision sixteen-a of section of this chapter, except such feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two viii

13 (22) of section of the New York State Penal Law, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section of the New York State Penal Law including the check required to be conducted pursuant to such section. *For full definition, see NYS PL (23) 10) DEADLY PHYSICAL FORCE: Physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury to the person. 11) DEADLY WEAPON: Any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. 12) DEALER IN FIREARMS: Any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of, any assault weapon, large capacity ammunition feeding device, pistol or revolver. 13) DWELLING: A building, which is usually occupied by a person lodging therein at night. 14) FIREARM (As defined by NYS Penal Law): Means (a) any pistol or revolver; (b) a shotgun having one or more barrels less than eighteen inches in length: or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length ix

14 of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked: the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm. (New York State Penal Law Section sub. 3) 15) FIREARM (As defined by the Federal Gun Control Act): Means (a) Any weapon (including a starter gun) which will or is designated to, or may readily be converted to, expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device. (FEDERAL GUN CONTROL ACT OF 1968, PUBLIC LAW , CHAPTER 44, SECTION 921 (a) (3) 16) FIREARM EXHIBITOR: Any person, firm, partnership, corporation or company that exhibits, sells, offers for sale, transfers, or exchanges firearms, rifles or shotguns at a gun show. 17) FFL: Federal Firearm License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 18) GUNSMITH: Any person, firm, partnership, corporation or company which engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engaging or trueing, or who performs any mechanical operation on any firearm or machine-gun. 19) GUN LOCKING DEVICE: Shall mean an integrated design feature or an attachable accessory that is resistant to tampering and is effective in preventing the discharge of such rifle, shotgun or firearm by a person who does not have access to the key, combination or other mechanism used to disengage the device. x

15 20) GUN SHOW: An event sponsored, whether for profit or not, by an individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns, or an event at which: (a) (b) (c) (d) twenty percent or more of the total number of exhibitors are firearm exhibitors, or ten or more firearm exhibitors are participating, or a total of twenty-five or more pistols or revolvers are offered for sale or transfer, or a total of fifty or more firearms, rifles or shotguns are offered for sale or transfer. The term gun show shall include any building, structure or facility when firearms, rifles or shotguns are offered for sale or transfer, and any grounds used in connection with the event. 21) GUN SHOW OPERATOR: Any person, firm, partnership, corporation or company that organizes, produces, sponsors, or operates a gun show. This includes any individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns. 22) IMMEDIATE FAMILY MEMBER: Spouse, domestic partner, child and step-child. 23) LARGE CAPACITY AMMUNITION FEEDING DEVICE: A magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only xi

16 with,.22 caliber rimfire ammunition or a feeding device that is a curio or relic. *For full definition, see NYS PL (23) 24) LICENSING OFFICER: In the county of Suffolk the sheriff of that county, except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, where it is the commissioner of police of that county. 25) POSSESS: To have physical possession or otherwise to exercise dominion or control over tangible property, other than incidentally. 26) PREMISE: Includes the term building as defined herein, and any real property. 27) QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER: (For the purpose of retaining a duty Assault Weapon and/or high capacity duty magazine) An individual who is a retired police officer as police officer is defined in subdivision thirty-four of section 1.20 of the criminal procedure law, a retired peace officer as peace officer is defined in section 2.10 of the criminal procedure law or a retired federal law enforcement officer as federal law enforcement officer is defined in section 2.15 of the criminal procedure law, who: (a) separated from service in good standing from a public agency located in New York State in which such person served as either a police officer, peace officer or federal law enforcement officer; and (b) before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had xii

17 statutory powers of arrest, pursuant to their official duties, under the criminal procedure law; and (c) (i) before such separation, served as either a police officer, peace officer or federal law enforcement officer for five years or more and at the time of separation, is such an officer; or (ii) separated from service with such agency, after completing any applicable probationary period of such service, due to a serviceconnected disability, as determined by such agency at or before the time of separation; and (d) (i) has not been found by a qualified medical professional employed by such agency to be unqualified for reasons relating to mental health; or (ii) has not entered into an agreement with such agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified for reasons relating to mental health; and (e) is not otherwise prohibited by New York or federal law from possessing any firearm. 28) RESIDENTIALLY ZONED: A location that is zoned by the town or incorporated village as residential, and is principally occupied by buildings used as, but not limited to, a one or two-family dwelling, garden apartments and town houses, churches or similar places of worship and parish houses, public, parochial and private schools and open farming. 29) SAFEGUARD PERSON: An individual, at least twenty-one (21) years of age, appointed by the licensee who, in the event of the licensee s inability to safeguard his or her firearms due to incapacitation or death, xiii

18 will surrender or facilitate the surrender of all firearms listed on the license. This individual should be a Suffolk County resident, and does not need to possess a pistol license, but must be eligible to possess a firearm. A safeguard person may ONLY possess the licensee s registered handguns for the purpose of the immediate surrender of same to a law enforcement entity. 30) SEMIAUTOMATIC: Means any repeating rifle, shotgun or pistol, regardless of barrel or overall length, which utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge or shell. 31) SERIOUS PHYSICAL INJURY: Physical injury which creates a substantial risk of death, or which causes death or serious protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. xiv

19 CHAPTER 1 DEFENSE OF JUSTIFICATION As a pistol licensee you are required to understand the laws relating to the use of deadly physical force. This chapter, titled Defense of Justification, is meant to inform you about deadly physical force, specifically, force caused by the use of a firearm. USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON (New York State Penal Law Section 35.15) 1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless: (a) The latter s conduct was provoked by the actor himself with intent to cause physical injury to another person; or (b) The actor was the initial aggressor; except that in such case his use of physical force is nevertheless justifiable if he has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or (c) The physical force involved is the product of a combat by agreement not specifically authorized by law. 2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (a) He reasonably believes that such other person is using or is about to use deadly physical force. Even in such case however, the actor may not use deadly physical force if he knows that he can with complete safety as to himself and others avoid the necessity of so doing by retreating; except that he is under no duty to retreat if he is: (i) In his dwelling and not the initial aggressor; or (ii) A police officer or peace officer or a person assisting a police officer or a peace officer at the latter s direction, acting pursuant to Section NYS Penal Law; or (b) He reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or (c) He reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of Section NYS Penal Law. 1

20 USE OF PHYSICAL FORCE IN DEFENSE OF PREMISES AND IN DEFENSE OF A PERSON IN THE COURSE OF A BURGLARY (New York State Penal Law Section 35.20) 1. Any person may use physical force upon another person when he reasonably believes such to be necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission by such other person of a crime involving damage to premises. He may use any degree of physical force, other than deadly physical force, which he reasonably believes to be necessary for such purpose, and he may use deadly physical force if he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of arson. 2. A person in possession or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical force upon another person when he reasonably believes such to be necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission by such other person of a criminal trespass upon such premises. He may use any degree of physical force, other than deadly physical force, which he reasonably believes to be necessary for such purpose, and he may use deadly physical force in order to prevent or terminate the commission or attempted commission of arson, as prescribed in subdivision one, or in the course of a burglary or attempted burglary, as prescribed in subdivision three. 3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary. 4. As used in this section, the following terms have the following meanings: (a) (b) The terms premises, building and dwelling have the meanings prescribed in Section NYS Penal Law. Persons licensed or privileged to be in buildings or upon other premises include, but are not limited to, police officers or peace officers acting in the performance of their duties. 2

21 USE OF PHYSICAL FORCE TO PREVENT OR TERMINATE LARCENY OR CRIMINAL MISCHIEF (New York State Penal Law Section 35.25) A person may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission by such other person of larceny or of criminal mischief with respect to property other than premises. USE OF PHYSICAL FORCE IN MAKING AN ARREST OR IN PREVENTING AN ESCAPE (New York State Penal Law Section 35.30) 1. A person who has been directed by a police officer or a peace officer to assist such police officer or peace officer to effect an arrest or to prevent an escape from custody may use physical force, other than deadly physical force, when and to the extent that he reasonably believes such to be necessary to carry out such police officer or peace officer s direction, unless he knows that the arrest or prospective arrest is not or was not authorized and he may use deadly physical force under such circumstances when: (a) (b) He reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or He is directed or authorized by such police officer or peace officer to use deadly physical force unless he knows that the police officer or peace officer himself is not authorized to use deadly physical force under the circumstances. 2. A private person acting on his own account may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he reasonably believes to have committed an offense and who in fact has committed such offense; and he may use deadly physical force for such purpose when he reasonably believes such to be necessary to: (a) (b) Defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or Effect the arrest of a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible criminal sexual act, and who is in immediate flight therefrom. 3

22 NOTE: Changes in the law concerning the use of physical force and deadly physical force may be made from time to time. You are responsible to know the current laws. *WARNING: DEFENSE OF JUSTIFICATION Section 35 of the New York State Penal Law authorizes the use of deadly physical force to effect the arrest of a person who has committed murder, robbery, manslaughter 1 st degree, forcible rape or forcible criminal sexual act and who is in immediate flight therefrom. You must have reasonable cause to believe deadly physical force is necessary to apprehend the person who in fact has committed the offense. WARNING: It is strongly recommended that you DO NOT use deadly physical force unless it absolutely necessary to protect yourself or another person from deadly physical force. REMEMBER: Your actions may be authorized by the penal law, but you can still be held accountable for your actions and sued civilly for same. 4

23 AN APPLICANT MUST: CHAPTER 2 PISTOL LICENSE APPLICANT REQUIREMENTS A) Be at least twenty-one (21) years of age. No such age restriction shall apply when such applicant has been honorably discharged from the United States Army, Navy, Marine Corps, Air Force or Coast Guard, or the National Guard of the State of New York. B) Be of good moral character. C) Have no prior conviction for a felony or other serious offense*, as serious offense is defined in Section 265 of the NYS Penal Law. *See appendix A for a list of serious offenses. D) Not be a fugitive from justice. E) Not be an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C F) Not be residing in the United States illegally or unlawfully. G) Not have been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2). H) Not have been discharged from the Armed Forces under dishonorable conditions. I) Not have renounced his/her United States Citizenship. J) Disclose any history of mental illness. K) Be free from any mental disorders, defects or diseases that would impair his or her ability to safely possess or use a firearm. L) Not have been involuntarily committed to a facility under the jurisdiction of an office of the Department of Mental Hygiene pursuant to article nine or fifteen of the Mental Hygiene Law, article seven hundred thirty or section of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section or of the Family Court Act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the Mental Hygiene Law. 5

24 M) Not have had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs. N) Not have had a license revoked or be under a suspension or ineligibility order issued pursuant to the provisions of section of the criminal procedure law or section eight hundred forty-two-a of the Family Court Act. O) Maintain a residence and/or maintain a principal place of business within the confines of the five (5) western towns of Suffolk County. P) Not have been convicted of a misdemeanor crime of domestic violence. Q) Be a person for whom no good cause exists for the denial of a license. * Please see Appendix A for a complete list of reasons for license disapproval. TYPES OF PISTOL LICENSES (1) SPORTSMAN (Premise/Dwelling, Target and Hunting) A Sportsman endorsement entitles a licensee to possess a firearm within his/her home for the purpose of home protection, at a designated firing range for the purpose of target shooting, and in the field while actively engaged in lawful hunting. Firearms may only be transported between your residence and an authorized target shooting range and/or a legal hunting area in New York State. For the purpose of hunting, you are reminded that you must also possess a valid New York State hunting license and comply with DEC hunting regulations. When carrying a firearm in accordance with the above restrictions, the handgun must be carried concealed except when in the field hunting or on the target range for the purpose of target shooting. A Sportsman license will be canceled if you relocate to another state. If you relocate outside the five western towns of Suffolk County but continue to reside in New York State your records can be transferred to the appropriate licensing agency upon payment of the requisite transfer fee. For the purpose of firearm training: a pistol license holder who has a valid Hunter Safety Education Instructor Certificate issued by the New York State Department of Environmental Conservation and/or is a National Rifle Association of America certified instructor and is instructing a firearm 6

25 safety class, may possess for demonstration purposes, a licensed firearm. An instructor, if carrying a licensed firearm, must have in their possession while traveling to, during and from the training class, documentation showing the type, location and time of the class scheduled and proof of their instructor certification. NOTE: Licensees are authorized to stop only for nonalcoholic refreshments and/or a meal on the way to and from their shooting destination. You are authorized to do this only during the period between leaving your residence and arriving at your shooting destination or during the return trip. You are not authorized to take your firearm to any establishment used primarily for alcohol consumption. You are not authorized to conduct any other nontarget shooting or hunting activity while in possession of your handgun. In the event a licensee does choose to break for a refreshment and/or meal, they are responsible for the concealment and safeguarding of their firearms. (2) BUSINESS LICENSE Licenses which are issued for business carry purposes are limited to the concealed carrying of the firearm while in the normal course of business for which it was issued. A business classification will be removed if employment is terminated, or the business is dissolved. If the business relocates outside of the five western towns of Suffolk County and is within another licensing jurisdiction in New York State, a copy of your records can be transferred to the appropriate officer in the new place of business or residence upon paying the appropriate transfer fee. A business license will be issued only for a documented legitimate business. If you operate a business from a residence, you will be required to submit proof from the attorney s office of the local village, town or city government stating that the business is not prohibited by zoning or building codes. You must show proof of State and Federal Tax Certificates and a Suffolk County Business Certificate where appropriate. * Please see Appendixes B and C for a complete list of business requirements. (3) SECURITY- Prior to obtaining a Security Endorsement, you must first apply for and obtain a Sportsman License. You must be working, in uniform, for a state licensed security company and reside within the five (5) western towns of Suffolk County. The company for which you work must be incorporated in the five (5) western towns of Suffolk, or Nassau County and must be registered with the Suffolk County Police Department Pistol Licensing Bureau. Separate forty-seven (47) hour and eight (8) hour training courses are required in order to qualify for a Security License. All individuals employed by a security company in an armed capacity must requalify with their weapon every twelve (12) calendar months. A copy of 7

26 your most recent firearm training certificate must be submitted, by mail or in person, to the Pistol Licensing Bureau within ten (10) days of qualification. The firearm may be carried only: (a) (b) (c) WHILE ACTUALLY ENGAGED IN EMPLOYMENT: The firearm may be carried while performing the duties for which the license was issued. This means that you may not carry the firearm at any other time, or for any employment not listed on the license. As the licensing agency, the Suffolk County Police Pistol Licensing Bureau will determine the purposes for which a handgun may be carried in the performance of your duties. These purposes cannot be changed or expanded by your employer without the authorization of the Pistol Licensing Bureau. Further, you are required to keep the Pistol Licensing Bureau informed of all current employers for whom the firearm will be carried. WHILE TRAVELING FROM RESIDENCE TO PLACE OF EMPLOYMENT: The firearm may be carried from your residence directly to your place of employment or assignment for that day. WHILE TRAVELING FROM PLACE OF EMPLOYMENT BACK TO RESIDENCE: The firearm may be carried from your place of employment directly to your residence. When transporting the firearm between your residence and place of employment, it may not be carried openly. Carrying a firearm outside of the above restrictions or, for an employer not listed on the license, or any unreasonable delay in responding to work and/or returning home, will equate to a violation of licensing restrictions and punitive action will result. Failure to qualify, or submit evidence of qualification will result in the removal of a security endorsement. * Please see Appendixes D and E for a complete list of Security License application and renewal requirements. (4) EMPLOYMENT- Prior to obtaining an Employment Endorsement, you must first apply for and obtain a Sportsman License. You must be working in an armed capacity for a town, village, or municipality located within the five (5) western towns of Suffolk County. Separate forty-seven (47) hour and eight (8) hour training courses are required. All individuals 8

27 employed by a municipality in an armed capacity must re-qualify with their weapon annually. A copy of your most recent firearm training certificate must be submitted, by mail or in person, to the Pistol Licensing Bureau within ten (10) days of qualification. The firearm may be carried only: (a) (b) (c) WHILE ACTUALLY ENGAGED IN EMPLOYMENT: The firearm may be carried while performing the duties for which the license was issued. This means that you may not carry the firearm at any other time, or for any employment not listed on the license. As the licensing agency, the Suffolk County Police Pistol Licensing Bureau will determine the purposes for which a handgun may be carried in the performance of your duties. These purposes cannot be changed or expanded by your employer without the authorization of the Pistol Licensing Bureau. Further, you are required to keep the Suffolk County Police Department Pistol Licensing Bureau informed of all current employers for whom the firearm will be carried. WHILE TRAVELING FROM RESIDENCE TO PLACE OF EMPLOYMENT: The firearm may be carried from your residence directly to your place of employment or assignment for that day. WHILE TRAVELING FROM PLACE OF EMPLOYMENT BACK TO RESIDENCE: The firearm may be carried from your place of employment directly to your residence. When transporting the firearm between your residence and place of employment, it may not be carried openly. Carrying a firearm outside of the above restrictions or, for an employer not listed on the license, or any unreasonable delay in responding to work and/or returning home, will equate to a violation of licensing restrictions and punitive action will result. Failure to qualify, or submit evidence of qualification will result in the removal of an employment endorsement. * Please see Appendixes F and G for a complete list of Employment License application and renewal requirements. (5) AUXILIARY POLICE The firearm may only be carried while working assigned duties as an auxiliary police officer, while in uniform, with your auxiliary police unit, or traveling directly to or from your residence and 9

28 your assigned post. (6) RETIRED LAW ENFORCEMENT OFFICER RETIRED PEACE OFFICER- Full carry, valid throughout New York State, NOT including New York City. RETIRED POLICE OFFICER- Full carry, valid throughout New York State, including New York City. RETIRED FEDERAL LAW ENFORCEMENT OFFICER- Full carry, valid throughout New York State, including New York City. (7) CARRY - Full carry license, for the purpose of self-protection. If a licensee is seeking a self-protection license, they will be required to show "proper cause" pursuant to Penal Law Section Sub. 2 (f). "Proper cause" is determined by a review of all relevant information bearing on their claimed need. They must show that they are exposed to extraordinary personal danger, documented by proof of recurrent threats to life or safety requiring authorization to carry a firearm. These factors are not all inclusive, and the Police Commissioner and/or his designee will consider all evidence, including Suffolk County Police Department records when making a determination whether proper cause exists. It should be noted, however, the mere fact that they have been the victim of a crime or reside or are employed in a "high crime area" does not establish "proper cause" for the issuance of a self-protection license. If a self-protection license is approved, the Suffolk County Police Pistol Licensing Bureau may withdraw that classification at any time if it finds proper cause no longer exists. Proper cause will have to be demonstrated by the licensee each time the license is renewed and at any time when requested by Licensing Bureau personnel. If proper cause is no longer proven, the license will be changed to a different classification. * Please see Appendix H for a complete list of Self-Protection License requirements. In addition to the above, firearm(s) may be transported, unloaded, directly from your residence to the Suffolk County Police Department Pistol Licensing Bureau or Suffolk County Police Precincts for the purpose of surrender. IMPORTANT NOTE: A New York State pistol license is only valid in the State of New York. Unless it is validated by New York City, license holders 10

29 may not take their handguns into the Five Boroughs of the City of New York, other than for the purpose of passing directly through that city while travelling to or from upstate. This includes self-protection licensees. New York City mandates pistol license holders transport their handguns in a locked box separate from the ammunition and in the trunk of the vehicle, or in a location not readily accessible to any occupant in the vehicle, other than the glove compartment or center console. Your travel through city limits must be continuous with no extraneous stops. These restrictions do not apply to retired police officers or retired federal law enforcement officers. As per section sub. 6, retired police officers and retired federal law enforcement officers, as defined in sections 1.20 and 2.15 in the Criminal Procedure Law, are authorized to carry in New York City. Other than in New York City, firearms, when possessed in accordance with the restrictions of the license, may be carried loaded, concealed on the person. Firearm(s) may only be carried for the purpose which appears on the license. When authorized to carry on their person, the firearm must be carried concealed. The only exception to the concealment requirement will be the following: a) While working Uniformed Security. b) While working Uniformed Auxiliary. c) While working Uniformed Employment. d) While on a target range for the purpose of target shooting. e) While in the field hunting. LICENSE RENEWAL Licenses expire every five (5) years and shall expire not more than five (5) years after the date of issuance. The renewal period generally commences sixty (60) days before the expiration date. A renewal application will be mailed with the instructions necessary to complete this process. NOTE: If you have not received the renewal application thirty (30) days prior to the expiration date, you must call the Suffolk County Police Pistol Licensing Bureau at (631) Renewals are sent by mail to the most recent address on file. The post office is not authorized to forward to any other address, even upon your request. All Business License renewals require a notarized letter of necessity on business letterhead indicating the licensee is still actively participating in the business for which the business classification was issued. If you showed a large cash flow as justification for a Business License classification, you must also submit a bank letter with your renewal application stating you still maintain an 11

30 active business account. If no cash flow was required due to the nature of the business endorsement, you must indicate that in your letter of necessity. If your license is under suspension, you are still required to complete and submit a renewal application. If your renewal is not received within the designated statutory period, your license will automatically be cancelled. If you anticipate problems renewing, such as an extended vacation out of the area, lengthy hospitalization or other extenuating circumstances, notify the Suffolk County Police Pistol Licensing Bureau by letter explaining the reasons. We will make every effort to see your license is renewed within the time frame authorized by law. If you are untruthful, improperly alter or refuse to sign any part of your renewal application, your renewal application will be disapproved and your license will be cancelled. You may properly modify inaccurate information including, but not limited to, registered gun information, by putting a single line through the incorrect information, placing the correct information above, below or next to it. LOST, STOLEN OR MUTILATED LICENSE If your license is stolen, you must immediately report such information to the precinct of occurrence or local police agency where the theft occurred and obtain a complaint number. If your license has been lost, stolen or mutilated, you must notify the Pistol Licensing Bureau immediately after notifying the appropriate authorities as indicated above, and respond to the office for a replacement license. You will be required to submit a $5.00 check or money order for a replacement license. HOW TO CANCEL A PISTOL LICENSE If you are canceling a pistol license issued by the Suffolk County Police Department you must: 1) Legally dispose of the firearm(s) listed on the license. 2) Return the license to the Suffolk County Police Pistol Licensing Bureau. Documentation of the lawful disposition of all firearms must be presented, in person, to the Pistol Licensing Bureau within twenty (20) days of same. If you should move to another state, you must check with the local authorities to ensure compliance with any existing local or state laws governing the 12

31 possession of handguns. As per the Federal Firearms Regulation 926A, you may legally transport your handguns to your new residence during your final move. The handguns must be unloaded, and neither the firearm nor any ammunition being transported may be readily accessible from the passenger compartment of the transporting vehicle. In the case a vehicle has no other compartment separate from the driver s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. Within ten (10) days of your relocation you must return your pistol license to the Pistol Licensing Bureau and attach a letter advising us of your new address, telephone number and the disposition of your handguns. LICENSING FEES FEES MUST BE PAID BY CHECK OR MONEY ORDER ONLY License renewal Dealer License renewal Gunsmith renewal Amendments $ every five (5) years* $ every three (3) years, each applicant $ every three (3) years, each applicant $ 5.00 every amendment made to the license * The renewal fee is waived for qualified retired Police Officers, Peace Officers and Federal Law Enforcement Officers as per New York State Penal Law. Suffolk County Auxiliary Police Officers are only required to pay a $3.00 license renewal fee, as per Suffolk County Resolution No

32 CHAPTER 3 FIREARMS ALL HANDGUNS MUST BE UNLOADED PRIOR TO ENTRY INTO SUFFOLK COUNTY POLICE HEADQUARTERS AND/OR POLICE PRECINCTS. GUNS MUST BE CARRIED IN A CASE, BOX OR BAG. PURCHASING FIREARMS You are not required to purchase or own a firearm to receive or maintain a pistol license. You are only authorized to possess the handguns listed on your pistol license. All rifle, shotgun and handgun purchases require the purchaser submit to, and pass a NICS check conducted by a Federal Firearms License holder. This requirement does not apply to transfers between members of an immediate family as defined by NYS General Business Law. The SCPD Pistol Licensing Bureau does not authorize the co-ownership of handguns. A handgun may only be registered on one (1) license. You may not purchase a rifle, shotgun or pistol outside of New York State and have it shipped directly to you. To purchase such a weapon outside New York State, it must be done through an authorized gun dealer in the originating state who must ship the weapon to an authorized dealer in New York State. The possession of a Federal Firearms License (F.F.L.) does not authorize you to operate as a handgun dealer in the State of New York. Only a New York State Dealer in Firearms may conduct handgun transactions. Whenever making a handgun purchase, you must obtain a purchase document from the Suffolk County Police Pistol Licensing Bureau prior to taking possession of the firearm. In order to obtain a purchase document, the licensee will need to submit an original bill of sale from the dealer from which the handgun is being purchased as well as a $5.00 check or money order per firearm. The bill of sale must indicate the name, address, and license number of both the dealer and the purchaser, as well as the make, model, type, caliber and serial number of the firearm. Faxes, copies, pictures or other duplicates of bills of sale will not be accepted. Purchase documents are valid for twenty (20) days from the date of issuance. After the purchase of a firearm, it must be presented to the Pistol Licensing Bureau before the expiration of the twenty (20) day period, so that the firearm may be inspected and the appropriate information entered on the license. THE FIREARM MUST BE UNLOADED PRIOR TO BEING PRESENTED FOR INSPECTION. You must be present at the time of inspection and must also have the purchase document and a copy of the bill of sale. Handguns must be inspected and listed on your pistol license prior to being used, possessed or carried in accordance with the provisions of this handbook and the restrictions of your license. 14

33 NOTE: If a firearm is not purchased within the twenty (20) day period, the purchase document must be returned to the Suffolk County Police Pistol Licensing Bureau within ten (10) days of expiration. New York State Penal Law Section (7) states any license issued pursuant to that section shall contain the caliber, make, model, manufacturer s name, and serial number of all firearms possessed on authority of same. As such, any and all conversion kits, conversion barrels or other caliber conversion devices must be listed on your pistol license. Purchase of said conversion devices does not require a Dealer in Firearms as an intermediary and, as such, does not require a purchase document. They must, however, be presented in person to the Pistol Licensing Bureau within twenty (20) days of purchase with a bill of sale and a $5.00 check or money order per device. Additionally, the pistol for which the device is being purchased must be presented, unloaded, at the time of the registration of the conversion device. Should the licensee decide to sell a conversion device listed on his/her license, a bill of sale indicating same must be provided, in person, with a $5.00 check or money order within twenty (20) days of occurrence. TRANSACTIONS BETWEEN IMMEDIATE FAMILY MEMBERS Firearm transactions between immediate family members, as defined by the New York State General Business Law, do not require a dealer in firearms as an intermediary. If both the seller and the purchaser are immediate family members and are both Suffolk County pistol license holders, the transaction can take place at the Suffolk County Pistol Licensing Bureau. Both license holders must respond together with their licenses, the firearm, and a $5.00 check or money order per person for each firearm being transferred. If the seller and purchaser are immediate family members and the seller is licensed by another agency or is a law enforcement officer, the transaction can take place at the Suffolk County Pistol Licensing Bureau. Both the buyer and the seller must respond together with their licenses or law enforcement credentials, the firearm, and a $5.00 check or money order per firearm being transferred. If a Suffolk County pistol license holder is selling or disposing of a handgun to an immediate family member who is licensed by another agency or is a law enforcement officer, the buyer must comply with the purchasing requirements of their licensing agency or employer, as appropriate, and the seller must respond to the Suffolk County Pistol Licensing Bureau with their license, a 15

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